Haryana State Industrial And ... vs Shish Pal @ Shishu Pal And Ors
2022 Latest Caselaw 16696 P&H

   315-2 IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                              CR-4502-2022 (O&M)
                                              Date of decision:13.12.2022


Haryana State Industrial and Infrastructure Development Corporation
Ltd.
                                             ....Petitioner

            Versus


Shish Pal @ Shishu Pal and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Baldev Raj Mahajan, Sr. Advocate with Mr. Pritam Singh Saini, Advocate for the petitioner

Mr.J.S.Pannu, AAG, Haryana and Mr. Harsh Vardhan Shehrawat, AAG, Haryana

ANIL KSHETARPAL, J (Oral)

As per the office report, the notice issue to respondent no.1

has been served through his son, however, he remains unrepresented.

Learned counsel representing the petitioner contends that

the matter in issue is covered against the contesting respondent by the

judgment in CR-814-2020 titled as 'Rajender Singh and another vs.

State of Haryana and others' decided on 15.09.2022. From a bare

perusal of the impugned order, it is evident that the execution petition

has been entertained even in the absence of award, order or decree in

favour of the respondent. The respondent has filed the execution petition

on the ground that he is a co-sharer and the amount of compensation has

been enhanced in the cases filed by the various other co-owners.

The aforesaid issue has already been examined in detail in

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Rajinder Singh's case (supra). The order dated 18.07.2022 is set aside.

The revision petition stands allowed.

All the pending miscellaneous applications, if any, are also

disposed of.

13.12.2022                                      (ANIL KSHETARPAL)
rekha                                                JUDGE
Whether speaking/reasoned :       Yes/No
Whether reportable :              Yes/No




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